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Transportation
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July 31, 2024
Kenyan Firm Sues Ill. Attys Over Ethiopian Airlines Crash Fees
A small Kenyan law firm seeking attorney fees from a 2019 Ethiopian Airlines crash victims settlement with Boeing is accusing Jenner & Block LLP and another Chicago firm of coaxing its former client into firing the firm, allegedly through misinformation and forged signatures, according to a suit filed in Illinois federal court this week.
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July 31, 2024
Judge Rips 'Stinky' Business In Skiplagged Ticketing Suit
A Texas federal judge gave early wins Wednesday to American Airlines Inc. and Skiplagged Inc. in the airline's suit alleging the booking site used a "loophole" in booking connecting flights to sell unauthorized tickets, but he made sure to note his issues with the ticketing firm's business practices.
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July 31, 2024
737 Max Families Say Boeing Deal 'Morally Reprehensible'
Families of victims of the 737 Max 8 crashes asked a Texas federal court Wednesday to reject Boeing's plea agreement with the U.S. Department of Justice, saying the "rotten deal" lets the American aerospace giant skirt culpability for the deaths of 346 people.
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July 31, 2024
Ex-NFL Player Avoids Contempt Hearing In Reptile Biz Suit
Former professional football player Chadwick Brown and his ex-business partner have resolved a lawsuit in which Brown was accused of trying to strip the partner of his stake in the company, avoiding a contempt hearing over the partner's concerns about not getting paid the $200,000 he was owed under a settlement deal.
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July 31, 2024
Mich. Justices Ask, Again, If Auto Reforms Cover Old Policies
The Michigan Supreme Court on Wednesday asked parties in a crash insurance dispute to address a question on which it had already heard arguments earlier this year: whether no-fault reforms enacted in 2019 apply to preexisting policies or just to those issued after the reforms took effect.
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July 31, 2024
5th Circ. Pause Spells Doom For DOT Airline Fees Rule
The Fifth Circuit gave the airline industry a temporary reprieve from a new U.S. Department of Transportation rule requiring carriers to more clearly disclose add-on fees upfront, a decision that stands to embolden opponents of the Biden administration's more aggressive consumer-focused policies.
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July 31, 2024
Insurer Wants Out Of Yacht Brokerage Group Antitrust Suit
A professional liability insurer for a yacht brokerage trade group has told a Florida federal court that it owes no coverage for an underlying proposed class action accusing the group of engaging in anticompetitive conduct, pointing to an exclusion barring coverage for "standard setting" claims.
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July 31, 2024
VW To Give Back Pay To Mexico Factory Workers, USTR Says
The Office of the U.S. Trade Representative has announced a remediation plan at Volkswagen's largest manufacturing plant in Mexico under which the carmaker will reinstate eight workers with back pay and adopt a statement of neutrality toward employees associating with unions.
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July 31, 2024
Pa. Uber Misclassification Case Tossed After 8 Years
A Pennsylvania federal judge tossed an 8-year-old suit by Uber Black drivers claiming the ride-sharing company misclassified them as independent contractors, saying the case lost hope of a resolution after two unsuccessful trials and a trip to the Third Circuit.
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July 30, 2024
DOJ Says Norfolk Southern To Blame For Amtrak Delays
The U.S. Department of Justice on Tuesday accused Norfolk Southern Corp. of illegally refusing to give passenger trains preference over freight trains, leading to widespread delays for Amtrak passenger trains on the route between New York and Louisiana last year.
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July 30, 2024
Delta Hires Boies Schiller To Recoup Outage-Related Damages
Delta Air Lines has retained Boies Schiller Flexner LLP to help it pursue potential damages from cybersecurity firm CrowdStrike and Microsoft in the wake of the mid-July global tech outage that left passengers stranded, a person familiar with the matter confirmed to Law360 on Tuesday.
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July 30, 2024
Texas Border Buoy Trial Must Go On, Judge Says
A Texas federal judge denied an attempt by Texas to stall an upcoming trial over the state's use of a buoy barrier meant to prevent illegal border crossings, saying in a Tuesday order that the state didn't explain why it had a "sudden emergency" that warranted a stay.
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July 30, 2024
Georgia Fends Off Massive Port Project Claim
An international tribunal has rejected a multinational consortium's claim against the Georgian government for nixing a contract to construct a deep-water port on the eastern shore of the Black Sea.
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July 30, 2024
Meta, TikTok Challenge 'Subway Surfing' Death Claims
TikTok and Meta Platforms have asked a New York court to separate claims against them in a suit over the death of a teen who allegedly took part in a "subway surfing" social media challenge, saying the claims against them are totally different from claims against a state transportation agency.
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July 30, 2024
Texas Appeals Court Says $10M Verdict For Railcar Co. Stands
A Texas appeals court said that Trinity Industries Leasing Co. is entitled to the full $10.6 million verdict that a jury previously awarded the company, finding Monday that corrosion on a railcar by itself didn't trigger limitations on Trinity's breach claim.
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July 30, 2024
Colo. Justices Step Into Boulder Climate Change Case
The Colorado Supreme Court has ordered a trial court to defend its decision greenlighting the bulk of municipalities' attempts to make Suncor subsidiaries and Exxon pay for damages allegedly caused by climate change.
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July 30, 2024
NYC Loses Injunction Bid In Texas Migrant Busing Suit
A New York state judge has denied New York City's bid to bar charter bus companies from transporting migrants from Texas, saying the state law the city leaned on is "essentially identical" to one the U.S. Supreme Court struck down in 1941.
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July 30, 2024
High Court Ruling Dooms EPA Smog Plan, DC Circ. Told
The U.S. Supreme Court's recent decision to halt the U.S. Environmental Protection Agency's plan to reduce smog-forming emissions across several states is reason enough for the D.C. Circuit to invalidate the rule, several states, industry groups and energy companies argued.
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July 30, 2024
Feds Must Face Atlanta Airport Shooter Suit, Judge Says
A Georgia federal judge said Tuesday that the federal government must face an Iowa woman's suit over injuries she allegedly sustained during an active shooter situation at Atlanta's international airport and gave the woman 21 days to file an amended complaint that could save her negligence claim against the city.
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July 30, 2024
DC Circ. Tosses FERC's OK Of Northeast Pipeline Expansion
The D.C. Circuit on Tuesday threw out the Federal Energy Regulatory Commission's approval of a Northeast pipeline expansion, ruling that the agency overlooked the project's "enormous" greenhouse gas emissions and failed to properly consider the lack of market need for the added natural gas capacity.
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July 30, 2024
Insurer Says Trucking Co.'s BIPA Suit Isn't Covered
An insurer told an Illinois state judge to declare that it has no duty to defend a trucking company against allegations that it illegally mishandled employees' biometric information.
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July 30, 2024
DC Circ. Wants Chevron Ruling Addressed In GHG Case
The D.C. Circuit asked challengers of the U.S. Environmental Protection Agency's tighter greenhouse gas emissions standards for vehicles to discuss how the litigation is affected by recent court decisions, including the U.S. Supreme Court's blockbuster ruling that undid what is known as Chevron deference.
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July 30, 2024
Tech IP Co. Drops Patent Row With Ford Over 3D Glasses
The holder of patents for 3D movie glasses has dropped a Michigan federal court lawsuit claiming Ford Motor Co. incorporated its patented image-viewing technology into backup cameras.
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July 30, 2024
Quinn Emanuel Must Prove Authority In $486M Award Fight
A divided D.C. Circuit panel ruled Tuesday that a lower court should have determined whether Quinn Emanuel Urquhart & Sullivan LLP had authority to represent Doraleh Container Terminal SA before deciding whether to enforce a $486 million arbitral award issued against Djibouti.
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July 29, 2024
5th Circ. Pauses DOT's New 'Junk Fees' Rule Amid Review
The Fifth Circuit on Monday agreed to temporarily block a U.S. Department of Transportation rule requiring airlines to clearly disclose add-on fees upfront while the appellate court reviews the rule, which has been challenged by major airlines and airline associations.
Expert Analysis
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Proactive Strategies Can Reduce Truck Cos.' Accident Liability
The legal complications of trucking accidents can be grave — so transportation companies and their attorneys should implement proactive strategies that include driver safety programs, pre-accident legal counseling, electronic monitoring and attorney involvement at crash scenes, says Mandy Kolodkin at Segal McCambridge.
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Assigning Liability In Key Bridge Collapse May Be Challenging
In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.
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The Practical Effects Of Justices' Arbitration Exemption Ruling
The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Highlights From The 2024 ABA Antitrust Spring Meeting
U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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Contract Disputes Recap: Interpretation And Jurisdiction
Edward Arnold and Sarah Barney at Seyfarth examine three decisions by the U.S. Court of Federal Claims that show the importance of knowing who your contracting partner is, addressing patent ambiguities in a solicitation prior to award and keeping basic contract principles in mind when evaluating performance obligations.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Exploring Patent Trends In Aerospace Electrification
As blue-chip companies lead the charge to power large-scale commercial airplanes with electricity, and startups advance the trend on a regional scale, patent applications directed at improving energy storage and electric motor efficiency are on the rise, say attorneys at Finnegan.
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Blocked JetBlue-Spirit Deal Illustrates New Antitrust Approach
The U.S. Department of Justice’s recent successful block of a merger between JetBlue Airways and Spirit Airlines demonstrates antitrust enforcers’ updated and disparate approach to out-of-market benefits versus out-of-market harms, say Lisa Rumin and Anthony Ferrara at McDermott.
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Comparing Corporate Law In Delaware, Texas And Nevada
With Elon Musk's recent decision to reincorporate his companies outside of Delaware, and with more businesses increasingly considering Nevada and Texas as corporate homes, attorneys at Baker Botts look at each jurisdiction's foundation of corporate law, and how the differences can make each more or less appealing based on a corporation's needs.
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Opinion
Federal MDL Rule Benefits From Public Comments
The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Opinion
Aviation Watch: Not All Airline Mergers Hurt The Public
The U.S. Department of Justice's actions to block recent attempted airline mergers have been touted as serving the interests of the consumers — but given the realities of the deregulated air travel market, a tie-up like the one proposed between JetBlue and Spirit might have been a win for the public, says Alan Hoffman, a retired attorney and aviation expert.
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The Merger Cases That Will Matter At ABA Antitrust Meeting
While the American Bar Association's Antitrust Spring Meeting this week will cover all types of competition law issues in the U.S. and abroad, expect the federal agencies' recent track record in merger enforcement to be a key area of focus on the official panels and in cocktail party chatter, say attorneys at Freshfields.
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Climate Disclosure Mandates Demand A Big-Picture Approach
As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.